Journal file photo / Andrew Dickerman
Lawyer Mark Mandell, left, who represented victims, and James Ruggieri, right, lawyer for some foam companies, carry boxes containing samples of foam insulating material used at The Station nightclub, out of the West Warwick police station in August 2005.

Even though it's not specified which manufacturer(s) made The Station foam, the victims’ lawsuits allege that each of the companies involved in today’s settlement offer manufactured, distributed and/or sold “defective and unreasonably dangerous” foam that led to injuries and deaths of the nightclub's patrons. They note in the notice of settlement that all of the defendants who agreed to settle are "alleged to have" sold polyurethane foam to American Foam.

The suits allege that the foam manufacturers “owed a duty of care to all purchasers and/or ultimate users and/or recipients of the foam product, including plaintiffs, in the design, manufacture, testing, inspecting, producing, selling or distributing of the foam product” but failed to use such care. The victims claim that the foam manufacturers failed to adequately test and research “the effects” of the foam they manufactured; and failed to warn and educate potential and actual users of the foam’s potential hazards.

The suits allege that the use and misuse of such foam “is a foreseeable hazard” and that polyurethane foam “used as an interior finish has been the primary fuel load in fatal fires in places of public assembly for decades.” The public, the lawsuits say, is not aware of this and should have been warned.

“It was manufactured and sold untreated without any flame-retardant chemicals, ignited too easily, burned too easily once ignited and produced unreasonably dangerous toxic smoke and gases,” the lawsuits allege.

Foamex International, a publicly traded company on the OTC exchange, was sued because it took over certain assets of General Foam’s business in 2001.

Leggett & Platt is a Fortune 500 company that is traded on the New York Stock Exchange.

The lawsuits allege that Leggett & Platt, doing business as Crest-Hood Foam Company and Crest Hood, manufactured highly flammable and dangerous foam that was installed at the Station. The same allegations were leveled against FFNC, a Nebraska corporation, and Wm. T. Burnett & Co., Inc., a Maryland corporation previously known as Montevideo, Inc.

The $30-million settlement offer by the foam manufacturers are contingent on the plaintiffs and Senior U.S. District Court Judge Ronald R. Lagueux agreeing to them. The judge must make a determination that each settlement offer is being made in good faith before any of the money is disbursed.

There’s another condition, too: Before any money is put into the pot, the lawyers representing those who want to settle want some assurance that if they pay now, they won’t be on the hook for more money later if the case goes to trial and other defendants who don’t settle are found liable and then try to come after them for part of the verdict.

A court-appointed special master is working on a matrix that would be used to determine how much each plaintiff would receive. That also must be approved by the court. Not every plaintiff will share equally in whatever proceeds are given out. The grid being devised by Duke University law Prof. Francis E. McGovern -- who is donating his services to the fire victims -- takes into account such things as severity of injury and number of dependent survivors. Those suing for money damages include those who were injured in the blaze and their family members and the families of those who perished.

-- Journal staff writer Tracy Breton